Definitions

Hey guys,
Here's something that may interest you. Just a piece of some of the info I am finding.

The first address is the California Department of Boating and Waterways

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The second is their on-line boater safety course

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The third is excerpts from the California Boating Law:
Checkout , Harbor and Navigation Law
              Div. 1
              Chap. 5
              Art. 1, Operation and Equipment
              section, 651. Definitions
                         651.1 Bathers Definition

              (pages 54-56)

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     I'm just not sure how to designate (define?) floatubes.

         bodfish

Ya that deffinition can go either way it is not very clear.

Talked to a few lawyers about this. In technicality, unfortunately, float tube is considered as an under powered, miniaturize boat, powered by human strength via mechanical means (fins), or by manual and/or electrical mechanics.

The close proximity of a float tube to land vehicles would be a motorized scooter/electric bike in comparison to a car/motorcycle. Tickets can be given to any party that violates any provision in the automotive/maritime regulations.

Imagine me expelling some French-type provisional language in front of the lawyers.

Yeah, I checked with my brother-in-law whose a big time lawyer in Sacramento, and although his expertise is environmental and contract law he took a look and his opinion was,

Float toobs fall under the "Bathing" equipment description and Toons under "vessel". There is no doubt the toob is not a mechanically driven vessel, but,.. He said the catch is defining whether you are "standing or  sitting on the craft as to opposed to standing or sitting within the craft". Uh,… Ok,...Weird.

Anyway,… on to the next issue, Local regulations for access. I will be calling the USCG and a few harbor master's offices and maybe a few water districts (inland reservoirs) next. Probably after the holidays.

    bodfish

PS I started to think about this a bit from the other side and I am bit worried that my inquiries could focus attention on us by the authorities and this whole investigation could back-fire. Get my drift? But I think if we are to try and protect our access, or even expand it, we need to define a few points legally. What do you think? Need a few opinions.

Eventually, the flipsides will catch uo to us. Best to put all on the table, and let them decide. Then focus on counter arguments based on approval vs revoked accesses. I'll be glad to be on the argument table

651.1.  As used in this chapter, unless the context clearly requires
a different meaning, "bather" or "bathing" means a person floating,
swimming, wading, or bodysurfing, with or without the use of a
flotation device, including, but not limited to, floating upon or
with the aid of a surfboard, paddle board, surfmat, innertube, life
preserver, or air mattress, except a flotation device which is
designed to be propelled by sail, mechanical means, power, oars, or
paddle.

Question: what does "Power" in here means?

Our flotation device is designed to be propelled by mechanical means (fins counts right?). We could even modify it to use oars, in which case, float tubes are not a swimming device, but fit in the description of a "vessel"


(aa) "Vessel" includes every description of a watercraft or other
artificial contrivance used or capable of being used as a means of
transportation on water, except either of the following:
  (1) A seaplane on the water.
  (2) A watercraft specifically designed to operate on a permanently
fixed course, the movement of which is restricted to a fixed track
or arm to which the watercraft is attached or by which the watercraft
is controlled.

Update: The US Coast Guard has determined that Float Tubes are "vessels".
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Does this mean we can't get kicked out because we're "swimming" anymore?

hey guys,
nice work znyngkh, I think that clears that up. At least with the Coasties. Now I guess it is about finding out what the local harbor authorities deem permissible. (hull length, and navigation hazard) I am going to archive the CG letter on my phone.. could come in handy. Could be a problem if the state figures out toobs are a powered vessel, do you think they will make the toobers register their rides? I already have to register my toon. The guys at Bucks Bags tell me they have been providing distinct hull numbers for their boats because so many states require vehicle registration.

bodfish

bodfish wrote:
hey guys,
nice work znyngkh, I think that clears that up. At least with the Coasties. Now I guess it is about finding out what the local harbor authorities deem permissible. (hull length, and navigation hazard)  I am going to archive the CG letter on my phone.. could come in handy. Could be a problem if the state figures out toobs are a powered  vessel,  do you think they will make the toobers register their rides? I already have to register my toon. The guys at Bucks Bags tell me they have been providing distinct hull numbers for their boats because so many states require vehicle registration.
      bodfish

But the State only requires motorized vessels to be registered right? I don't think we need registration anytime soon. So I guess we won't have to register our tubes in California unless the state decides that all vessels must be registered, but that means registration for kayaks as well. But, having a Hull Id number on your tube would be good proof that your float tube is considered a vessel rather than a swim toy. The Harbor authorities generally has to let you use your float tubes in the harbor unless you attempt to cross the main channel or do something dangerous that you can be deemed a navigational hazard. In terms of hull length, there is no regulations on that.

I don't think we need to register our tubes. We don't need to register our kayaks unless we add a motor. If you mount a trolling motor, then you have to register it.